Bombay High Court Allows Doctor To Retain MBBS Admission Obtained On False OBC Certificate, Says Cancellation Will Be National Loss

The Bombay High Court recently refused to revoke the MBBS admission of a doctor though it was obtained under the OBC-Non-Creamy Layer Certificate based on false information. The Court observed that cancelling her admission would cause loss to the nation when the petitioner has qualified as a doctor.“the Petitioner has completed the course of MBBS and therefore, it would not be proper at...

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court

The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 (“CPC”) would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.“Thus, even if the first appellate Court does not separately frame the points...

JJ Act | Appeal Against Preliminary Assessment Order Maintainable Before Children's Court, Not Sessions Court: Supreme Court

In a recent decision, the Supreme Court held that the appeal against the preliminary assessment order of the Juvenile Justice Board (JJB) under Section 101(2) of JJ Act, 2015 would be filed before the 'Children's Court' if the Children's court is available despite the existence of the Sessions Court. Giving a conjoint reading to the provisions of JJ Act, 2025 and Juvenile Justice Model...

Delhi Riots Case Accused Salim Malik Withdraws Bail Plea After Supreme Court Expressed Reservation

The Supreme Court on Friday (May 10) allowed Salim Malik, an accused in the UAPA case over alleged larger conspiracy behind the 2020 Delhi riots, to withdraw his petition seeking bail.After the bench comprising Justices Bela Trivedi and Pankaj Mithal expressed reservations about entertaining the matter after hearing the petitioner's arguments for some time, Senior Advocate Salman Khurshid,...

Supreme Court Stays NGT's Direction To Initiate Action Under PMLA, Prima Facie Says NGT Lacks Jurisdiction

The Supreme Court on Friday (May 10) stayed the direction of the National Green Tribunal (NGT) to initiate action under the Prevention of Money Laundering Act 2002 (PMLA) against the appellant company for actions related to dumping of hazardous waste in violation of environmental norms. The Court noted that the NGT lacked jurisdiction to pass any such direction and further stayed the order to...

The Complete Supreme Court Annual Digest- 2023 [Part-XIX]

Sexual Harassment 'Aggrieved woman' not covering lgbtqia persons : Supreme Court refuses plea to make its sexual harassment regulations gender-neutral. Binu Tamta v. High Court of Delhi, 2023 LiveLaw (SC) 969 In sexual harassment cases, Courts shouldn't get swayed by 'hyper technicalities; must consider broader context. Union of India v. Dilip Paul, 2023 LiveLaw...

Supreme Court Weekly Round-Up (06 May-11 May, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...

GST Officers Should Not Arrest On Mere Suspicion, Verifiable Material Necessary: Supreme Court Says During Hearing

While hearing a batch of petitions challenging penal provisions of the Customs Act, GST Act, etc. as non-compatible with the CrPC and the Constitution, the Supreme Court on May 9 orally observed that a GST officer must have material, which can be verified by a Magistrate, before arrest is made and not act merely on suspicion. The bench of Justices Sanjiv Khanna, MM Sundresh and Bela M...

Should A Person Be Deemed To Be Arrested From The Time His Liberty Is Curtailed When Formal Arrest Is Recorded Later? Supreme Court To Consider

Recently, the Supreme Court issued notice in a plea challenging the legality of arrest of a person by the Enforcement Directorate who was summoned for interrogation late night and arrested the next morning while in confinement of the authorities. The main question that arose was whether the moment a person's liberty is confined by the authroities , it could be deemed as an official...

The Complete Supreme Court Annual Digest- 2023 [Part-XVIII]

Securities and Exchange Board of India Act, 1992 Securities and Exchange Board of India Act, 1992 - Fees paid by director does not attract exemption under Clause 4 of schedule III of the Securities and Exchange Board of India (Stock Brokers and Sub­Brokers) Regulations, 1992. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023...

Supreme Court Disposes Of Plea Alleging Interference In Ongoing Criminal Case By Calcutta HC Judge & Her Husband

The Supreme Court on May 10 disposed of a plea alleging interference in an ongoing criminal investigation by a sitting Calcutta High Court judge and her lawyer-husband.The petitioners, a 64-year-old widow and her daughter, had accused the High Court judge and her husband of pressuring the police to shield an accused in the criminal case emerging out of a family dispute. The petition however...

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court

In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.Affirming the decision of the National...